Management measures for designated production of c

2022-08-22
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Measures for the administration of the designated production of hazardous chemical packages and containers

Chapter I General Provisions

Article 1 in order to strengthen the management of the production of hazardous chemical packages and containers, ensure the quality of hazardous chemical packages and containers, and ensure the safety of the storage, handling, transportation and use of hazardous chemicals, these measures are formulated in accordance with the regulations on the safety management of hazardous chemicals

Article 2 These measures are applicable to packages and containers that produce hazardous chemicals within the territory of the people's Republic of China with high measurement accuracy

Article 3 the packages and containers of dangerous chemicals (hereinafter referred to as packages and containers) mentioned in these Measures refer to the barrels, cans, bottles, boxes, bags and other packages and containers specially designed and manufactured according to the characteristics of dangerous chemicals and relevant regulations and standards, which are used to contain dangerous chemicals, including tanks used for the transportation of dangerous chemicals by cars, trains and ships

Article 4 the State Administration of work safety is responsible for the supervision and administration of the designated production of hazardous chemical packages and containers nationwide; The competent economic and trade departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government or the work safety supervision and administration institutions entrusted by them can also be 5:1, 10:1 or 20:1 (hereinafter referred to as the issuing authority) to be responsible for the supervision and administration of the designated production of packaging materials and containers within their respective administrative areas, and to examine and approve the certificate of the designated production enterprise of packaging materials and containers for the wholesale release of dangerous chemicals (hereinafter referred to as the designated certificate)

Article 5 the packages and containers of hazardous chemicals must be produced at designated points by professional production enterprises that have obtained designated certificates. Without a designated certificate, no unit or individual may produce packages and containers for the packaging of hazardous chemicals

Chapter II basic conditions, application and approval of designated enterprises

Article 6 designated enterprises shall meet the following basic conditions:

(1) have a business license

(II) have a fixed place that can meet the needs of production

(3) having professional production and processing equipment and testing and inspection means that can ensure product quality

(4) having a perfect management system, operating procedures, technological procedures and product quality standards

(V) have a perfect product quality management system

(VI) have professional technicians, skilled workers and special operators who meet the production needs

those who produce pressure vessels shall also obtain a pressure vessel manufacturing license

Article 7 enterprises applying for fixed-point production independently choose qualified evaluation institutions to evaluate their production conditions

Article 8 the evaluation institution shall evaluate whether the enterprises applying for fixed-point production meet the conditions specified in Article 6 of these measures item by item, and issue an evaluation report

Article 9 enterprises applying for fixed-point production shall submit the following application materials:

(I) application form for fixed-point production of hazardous chemical packages and containers

(2) copy of business license

(III) evaluation report on production conditions of the enterprise

(IV) list of production and processing equipment and testing and inspection instruments

(V) enterprise quality management manual

(VI) copies of product quality standards

(VII) copies of qualification certificates of relevant special operation personnel

for the production of pressure vessels, a copy of the pressure vessel manufacturing license shall also be submitted

Article 10 after receiving the application materials, the issuing authority shall conduct examination and on-site verification within 30 working days. If it meets the conditions, it shall issue a fixed-point certificate and publish it to the public; If the applicant fails to meet the conditions, it shall notify the applicant enterprise in writing and explain the reasons

Article 11 An enterprise that has obtained a fixed-point certificate shall design and produce packages and containers of hazardous chemicals in accordance with relevant national regulations and national and industrial standards. Packages and containers of hazardous chemicals can be delivered only after passing the inspection of professional testing and inspection institutions recognized by the national quality inspection department

the containers of ships used to transport dangerous chemicals shall be produced in accordance with the national regulations on ship inspection, and shall not leave the factory until they have passed the inspection by the ship inspection department recognized by the national maritime administration

Article 12 enterprises that have obtained the de facto fixed-point certificate shall mark the fixed-point production marks of hazardous chemical packages and containers (hereinafter referred to as fixed-point marks) on the recognizer of recycled plastics based on the near-infrared screening analysis results of the first level of packages and containers they produce

Article 13 the issuing authority shall adhere to the principles of openness, fairness and impartiality, and examine and approve designated enterprises in strict accordance with the conditions and procedures prescribed by laws, regulations, rules and standards

Article 14 the issuing authority shall strengthen the supervision and management of designated enterprises, establish and improve the file management system for the examination and approval, issuance and supervision and management of designated enterprises

Article 15 the issuing authority shall report the annual examination and approval of designated enterprises and the list of designated enterprises in the administrative region to the State Administration of work safety for the record

Article 16 If a designated enterprise has one of the following circumstances, the issuing authority shall revoke the designated certificate:

(1) providing false supporting documents or taking other fraudulent means to obtain the designated certificate

(2) transferring, trading, renting or lending fixed-point certificates

(3) the business license is revoked

(4) the production conditions have changed significantly and no longer meet the conditions specified in Article 6 of these measures

(V) major chemical accidents caused by the quality of packages and containers

(VI) the packaging and containers produced are still unqualified after rectification after being tested by the national quality inspection institution

Article 17 those who produce packages, containers or use fixed-point signs without obtaining a fixed-point certificate shall be punished in accordance with Article 59 of the regulations on the safety management of hazardous chemicals

Article 18 the staff of the issuing authority who practices favoritism, abuses their power, practices fraud, and neglects their duties shall be punished in accordance with Article 55 of the regulations on the safety management of hazardous chemicals

Article 19 If the institution undertaking the qualification evaluation of the designated enterprise issues a false evaluation report, the illegal income shall be confiscated and a fine of less than 30000 yuan shall be imposed by the work safety supervision and administration department at or above the provincial level; If there is no illegal income, a fine of less than 20000 yuan shall be imposed; It is also suggested that the Department that granted its qualification revoke its qualification certificate; If a crime is constituted, the offender shall be investigated for criminal responsibility according to law

Chapter V supplementary provisions

Article 20 fixed point certificates and fixed-point signs shall be uniformly printed by the State Administration of work safety

Article 21 The State Administration of work safety is authorized to interpret these measures

Article 22 these Measures shall come into force as of November 15, 2002

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